Case Summary
The plaintiff, Canara Bank, is seeking repayment of a loan amounting to ₹2,70,818/- from the defendants, a partnership firm consisting of multiple managing partners. The defendants defaulted on the loan repayment and were set ex parte as they failed to appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realize ₹2,70,818/- together with interest at the rate of 12.20% per annum until realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to realize the loan amount along with interest and costs from the defendants. The defendants were found liable due to their failure to comply with the loan repayment agreement.
Why Plaintiff Won:
The plaintiff provided sufficient evidence proving the defendants owed the loan amount as claimed, and the defendants were set ex parte.
The plaintiff provided sufficient evidence proving the defendants owed the loan amount as claimed, and the defendants were set ex parte.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence proving the defendants owed the loan amount as claimed, and the defendants were set ex parte.
The plaintiff provided sufficient evidence proving the defendants owed the loan amount as claimed, and the defendants were set ex parte.
Supporting Evidence
From the available evidences, the plaintiff bank is entitled for a decree for realization of the plaint amount with interest. The evidence of the plaintiff is unchallenged because the defendants were set ex parte.
Judgment Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹2,70,818/- together with future interest at the rate of 12.20% per annum with monthly rests from 01/12/2016 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Kadal Restaurant
- Party Role
- Defendant
- Party Name
- Vibindas
- Party Age
- 32
- Relation
- S/o E.R.Mohandas
- Party Role
- Defendant
- Party Name
- Sunil Baby
- Party Age
- 30
- Relation
- S/o P.V. Baby
- Party Role
- Defendant
- Party Name
- A.J. Jaimon
- Party Age
- 34
- Relation
- S/o Johnson
- Party Role
- Defendant
- Party Name
- Thomas Raphel
- Party Age
- 37
- Relation
- S/o Raphel
Plaintiffs Documents
Loan Application, Agreement Cum Deed of Hypothecation, Sanction Memorandum, Guarantee Agreement with covering letter, Statement of Account, Copy of Advocate Notice, Acknowledgment card, Copy of Partnership Deed
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. S.Reena
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise ₹2,70,818/- together with future interest.
Evidence:
In the result, suit is decreed with costs as follows: 1. Plaintiff is allowed to realise ₹2,70,818/- together with future interest.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise interest at the rate of 12.20% per annum.
Evidence:
2. Plaintiff is allowed to realise interest at the rate of 12.20% per annum with monthly rests from 01/12/2016 till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realise future interest at the rate of 6% per annum.
Evidence:
3. Plaintiff is allowed to realise future interest at the rate of 6% per annum from the date of decree till realisation.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to recover the costs of the suit.
Evidence:
4. Plaintiff is allowed to realise the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Submitted by the defendants as part of the loan process.
Reference:
Ext.A1
Document Type:
Agreement cum deed of Hypothecation
Submitted By:
Plaintiff
Relevance:
Executed by the defendants indicating their agreement to the loan terms.
Reference:
Ext.A2
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
Document affirming the approval of the loan.
Reference:
Ext.A3
Document Type:
Guarantee Agreement with covering letter
Submitted By:
Plaintiff
Relevance:
Document related to the guarantee provided for the loan.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details of the loan repayment status.
Reference:
Ext.A5
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued for loan repayment.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt related to communications by the plaintiff.
Reference:
Ext.A7
Document Type:
Copy of Partnership Deed
Submitted By:
Plaintiff
Relevance:
Document establishing the partnership for the defendants.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Canara Bank vs Kadal Restaurant et al regarding realization of money
Case Code Year
Case between Canara Bank vs Kadal Restaurant et al regarding realization of money